# Official Journal C 6/8 Ja

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 6 |
| | |
| English edition | Information and Notices | Volume 488 January 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 6

English edition

Information and Notices

Volume 488 January 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Court of Justice |
| | COURT OF JUSTICE |
| 2005/C 006/1 | Judgment of the Court (First Chamber) of 18 November 2004 in Joined Cases C-10/02 and C-11/02 (reference for a preliminary ruling from the Tribunale amministrativo regionale per la Puglia): Anna Fascicolo and Others, Enzo De Benedictis and Others v Regione Puglia (C-10/02) and Grazia Berardi and Others, Lucia Vaira and Others v Azienda Unità Sanitaria Locale BA/4 and Others (C-11/02) (Free movement of doctors — Directives 86/457/EEC and 93/16/EEC — Recognition of diplomas, certificates and other evidence of formal qualifications — Requirement that Member States should make the exercise of the activities of general practitioner under their national social security scheme conditional on possession of a specific diploma — Acquired rights — Whether evidence of authorisation obtained before1 January 1995 is equivalent to the specific training diploma — Drawing up of the list of general practitioners in order to fill posts available in a region on the basis of the qualifications possessed) | 1 |
| 2005/C 006/2 | Judgment of the Court (Grand Chamber) of 9 November 2004 in Case C-46/02 (reference for a preliminary ruling from the Vantaan käräjäoikeus): Fixtures Marketing Ltd v Oy Veikkaus Ab (Directive 96/9/EC — Legal protection of databases — Sui generis right — Definition of investment in the obtaining, verification or presentation of the contents of a database — Football fixture lists — Betting) | 2 |
| 2005/C 006/3 | Judgment of the Court (Second Chamber) of 11 November 2004 in Joined Cases C-183/02 P and C-187/02 P: Daewoo Electronics Manufacturing España SA (Demesa) (C-183/02) and Territorio Histórico de Álava – Diputación Foral de Álava (C-187/02) v Commission of the European Communities (Appeal — State aid — Tax measures — Legitimate expectations — New pleas in law) | 2 |
| 2005/C 006/4 | Judgment of the Court (Sixth Chamber) of 28 October 2004 in Case C-185/02 Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Waste management — Disposal of polychlorinated biphenyls and polychlorinated terphenyls — Directive 96/59/EC) | 3 |
| 2005/C 006/5 | Judgment of the Court (Second Chamber) of 11 November 2004 in Joined Cases C-186/02 P and C-188/02 P: Ramondín SA, Ramondín Cápsulas SA (C-186/02 P), Territorio Histórico de Álava – Diputación Foral de Álava (C-188/02 P) v Commission of the European Communities (Appeal — State aid — Tax measures — Misuse of powers — Statement of reasons — New pleas in law) | 3 |
| 2005/C 006/6 | Judgment of the Court (Grand Chamber) of 9 November 2004 in Case C-203/02 (reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)): The British Horseracing Board Ltd and Others v William Hill Organization Ltd (Directive 96/9/EC — Legal protection of databases — Sui generis right — Obtaining, verification or presentation of the contents of a database — (In)substantial part of the contents of a database — Extraction and re-utilisation — Normal exploitation — Unreasonable prejudice to the legitimate interests of the maker — Horseracing database — Lists of races — Betting) | 4 |
| 2005/C 006/7 | Judgment of the Court (First Chamber) of 11 November 2004 in Case C-216/02 (reference for a preliminary ruling from the Verwaltungsgerichtshof): Österreichischer Zuchtverband für Ponys, Kleinpferde und Spezialrassen v Burgenländische Landesregierung (Free movement of goods — Intra-Community trade in equidæ — Procedure for the approval or recognition of organisations and associations which maintain or establish stud-books for registered equidæ — Article 2(2) of Decision 92/353/EEC) | 5 |
| 2005/C 006/8 | Judgment of the Court (Grand Chamber) of 16 November 2004 in Case C-245/02 (reference for a preliminary ruling from the Korkein oikeus): Anheuser-Busch Inc v Budějovický Budvar, národní podnik (Agreement establishing the World Trade Organisation — Articles 2(1), 16(1) and 70 of the TRIPs Agreement — Trade marks — Scope of the proprietor's exclusive right to the trade mark — Alleged use of the sign as a trade name) | 5 |
| 2005/C 006/9 | Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-249/02: Portuguese Republic v Commission of the European Communities (Agriculture — Common agricultural policy — Financing by the EAGGF — Actual expenditure of a Member State which is less than the forecast expenditure notified by it to the Commission — Power of the Commission to reduce sums paid as advances — Letter from a Director-General of the Commission informing the Member State of that reduction — Act having binding legal effects) | 6 |
| 2005/C 006/10 | Judgment of the Court (First Chamber) of 18 November 2004 in Case C-284/02 (reference for a preliminary ruling from the Bundesarbeitsgericht): Land Brandenburg v Ursula Sass (Social policy — Male and female workers — Article 141 EC — Equal pay — Directive 76/207/EEC — Equal treatment — Maternity leave — Passage to a higher salary grade — Failure to take account of the whole of a period of maternity leave taken under the legislation of the former German Democratic Republic) | 6 |
| 2005/C 006/11 | Judgment of the Court (Sixth Chamber) of 18 November 2004 in Case C-317/02: Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Community system for fisheries — Regulations (EEC) Nos 3760/92 and 2847/93 — Fishing quotas exceeded) | 7 |
| 2005/C 006/12 | Judgment of the Court (Grand Chamber) of 16 November 2004 in Case C-327/02 (reference for a preliminary ruling from the Rechtbank te 's-Gravenhage): Lili Georgieva Panayotova and Others v Minister voor Vreemdelingenzaken en Integratie (Association Agreements between the Communities and, respectively, Bulgaria, Poland and Slovakia — Right of establishment — National legislation under which applications for full residence permits with a view to establishment are rejected without examination where the applicant lacks a temporary residence permit) | 7 |
| 2005/C 006/13 | Judgment of the Court (Grand Chamber) of 9 November 2004 in Case C-338/02 (reference for a preliminary ruling from the Högsta domstolen): Fixtures Marketing Ltd v Svenska Spel AB (Directive 96/9/EC — Legal protection of databases — Sui generis right — Definition of investment in the obtaining, verification or presentation of the contents of a database — Football fixture lists — Betting) | 8 |
| 2005/C 006/14 | Judgment of the Court (First Chamber) of 18 November 2004 in Case C-420/02: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Unlawful deposit of waste at the‘Pera Galini’ site — Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC — Articles 4 and 9) | 9 |
| 2005/C 006/15 | Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-425/02 (reference for a preliminary ruling from the Cour administrative): Johanna Maria Boor, née Delahaye v Ministre de la Fonction publique et de la Réforme administrative (Safeguarding of employees' rights in the event of a transfer of an undertaking to the State — Possibility for the State to impose rules of public law — Reduction of the amount of remuneration) | 9 |
| 2005/C 006/16 | Judgment of the Court (Grand Chamber) of 9 November 2004 in Case C-444/02 (reference for a preliminary ruling from the Monomeles Protodikio Athinon): Fixtures Marketing Ltd v Organismos prognostikon agonon podosfairou AE (OPAP) (Directive 96/9/EC — Legal protection of databases — Definition of database — Scope of the sui generis right — Football fixture lists — Betting) | 10 |
| 2005/C 006/17 | Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-457/02: criminal proceedings against Antonio Niselli (Directives 75/442/EEC and 91/156/EEC — Definition of ‘waste’ — Reusable production or consumption residues — Scrap metal) | 10 |
| 2005/C 006/18 | Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-467/02 (reference for a preliminary ruling from the Verwaltungsgericht Stuttgart): Inan Cetinkaya v Land Baden-Württemberg (EEC-Turkey Association Agreement — Freedom of movement for workers — Articles 7, first indent, and 14(1) of Decision No 1/80 of the Association Council — Right of residence of the child of a Turkish worker after he has attained his majority — Conditions of an expulsion order — Criminal convictions) | 11 |
| 2005/C 006/19 | Judgment of the Court (Third Chamber) of 11 November 2004 in Case C-73/03 Kingdom of Spain v Commission of the European Communities (State aid — Tax benefits for the transfer of agricultural holdings — Subsidising of loans and guarantees for owners of agricultural holdings) | 11 |
| 2005/C 006/20 | Judgment of the Court (Third Chamber) of 28 October 2004 in Case C-124/03 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven): Artrada (Freezone) NV, Videmecum BV, Jac. Meisner Internationaal Expeditiebedrijf BV v Rijksdienst voor de keuring van Vee en Vlees (Health checks — Production and placing on the market of raw milk, heat-treated milk and milk-based products — Mixture made of sugar, cocoa and skimmed-milk powder, imported from Aruba) | 12 |
| 2005/C 006/21 | Judgment of the Court (First Chamber) of 18 November 2004 in Case C-126/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Directive 92/50/EEC — Public contracts — Waste transport services — Procedure without prior publication of a contract notice — Contract concluded by a contracting authority in relation to an economic activity subject to competition — Contract concluded by a contracting authority in order to be able to submit an offer in a tender procedure — Proof of the service provider's capabilities — Possibility of relying on the capabilities of a third party — Subcontracting — Consequences of a judgment finding a failure to fulfil an obligation) | 12 |
| 2005/C 006/22 | Judgment of the Court (Third Chamber) of 28 October 2004 in Case C-148/03 (reference for a preliminary ruling from the Oberlandesgericht München): Nürnberger Allgemeine Versicherungs AG v Portbridge Transport International BV (Brussels Convention — Articles 20 and 57(2) — Failure by the defendant to enter an appearance — Defendant domiciled in another Contracting State — Geneva Convention on the Contract for the International Carriage of Goods by Road — Conflict between conventions) | 13 |
| 2005/C 006/23 | Judgment of the Court (First Chamber) of 11 November 2004 in Case C-171/03 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven): Maatschap Toeters, M.C. Verberk v Productschap Vee en Vlees (Beef and veal — Early marketing premium for calves — Time-limit for lodging premium applications — Rules for calculating time-limit — Validity of Regulation (EEC) No 3886/92) | 13 |
| 2005/C 006/24 | Judgment of the Court (First Chamber) of 18 November 2004 in Case C-284/03 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Etat belge v Temco Europe SA (Sixth VAT Directive — Article 13B(b) — Exempt transactions — Letting of immovable property — Licence to occupy) | 14 |
| 2005/C 006/25 | Judgment of the Court (Second Chamber) of 28 October 2004 in Case C-357/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Directive 98/24/EC — Protection of the health and safety of workers — Risks related to chemical agents at work — Failure to transpose throughout the territory of the Member State concerned within the prescribed period) | 14 |
| 2005/C 006/26 | Judgment of the Court (Second Chamber) of 28 October 2004 in Case C-360/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Directive 2000/39/EC — Protection of the health and safety of workers — Risks related to chemical agents at work — Establishment of occupational exposure limit values — Failure to transpose throughout the territory of the Member State concerned within the prescribed period) | 15 |
| 2005/C 006/27 | Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-421/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Directive 2001/18/EC — Deliberate release of genetically modified organisms into the environment — Failure to transpose within the prescribed period) | 15 |
| 2005/C 006/28 | Judgment of the Court (Fourth Chamber) of 18 November 2004 in Case C-422/03 Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil its obligations — Directive 2001/18/EC — Failure to transpose within the prescribed period) | 16 |
| 2005/C 006/29 | Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-460/03: Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 2000/53/EC — End-of-life vehicles — Failure to implement) | 16 |
| 2005/C 006/30 | Judgment of the Court (Sixth Chamber) of 18 November 2004 in Case C-482/03: Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 2001/14/EC — The Community's railways — Allocation of infrastructure capacity, the levying of charges for the use of infrastructure and safety certification — Failure to transpose within the prescribed period) | 16 |
| 2005/C 006/31 | Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-497/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Article 28 EC — Measures having equivalent effect — Sale of food supplements by mail order — Prohibition) | 17 |
| 2005/C 006/32 | Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-505/03 Commission of the European Communities v French Republic (Failure to fulfil obligations — Quality of water intended for human consumption — Directive 80/778/EEC) | 17 |
| 2005/C 006/33 | Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-4/04 Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Directive 98/44/EC — Legal protection of biotechnological inventions — Failure to transpose within the prescribed period) | 18 |
| 2005/C 006/34 | Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-5/04 Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Directive 98/44/EC — Legal protection of biotechnological inventions — Failure to transpose within the prescribed period) | 18 |
| 2005/C 006/35 | Judgment of the Court (Fifth Chamber) of 18 November 2004 in Case C-78/04 Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Directive 96/61/EC — Integrated pollution prevention and control) | 18 |
| 2005/C 006/36 | Judgment of the Court (Fifth Chamber) of 18 November 2004 in Case C-79/04 Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Directive 2002/40/EC — Failure to transpose within the prescribed period) | 19 |
| 2005/C 006/37 | Judgment of the Court (Fourth Chamber) of 18 November 2004 in Case C-116/04 Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil its obligations — Directive 2001/17/EC — Reorganisation and winding up of insurance undertakings — Failure to transpose within the prescribed period) | 19 |
| 2005/C 006/38 | Judgment of the Court (Sixth Chamber) of 18 November 2004 in Case C-143/04 Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights in the information society — Failure to transpose within the prescribed period) | 20 |
| 2005/C 006/39 | Judgment of the Court (Fourth Chamber) of 18 November 2004 in Case C-164/04: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Directive 2001/17/EC — Reorganisation and winding-up of insurance undertakings — Failure to transpose within the prescribed period) | 20 |
| 2005/C 006/40 | Order of the Court (Fourth Chamber) of 22 June 2004 in Case C-151/03 P: Karl L. Meyer against the Commission of the European Communities (Appeal — Action for damages — Compensation for losses suffered due to maladministration by the Commission — Application of the decisions relating to the association of the OCTs) | 21 |
| 2005/C 006/41 | Order of the Court (Sixth Chamber) of 5 October 2004 in Case C-192/03 P: Alcon Inc. against the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), Dr Robert Winzer Pharma GmbH (Appeal — Community mark — Regulation (EC) No 40/94 — Nullity of the Community mark — Article 51 of Regulation No 40/94 — Absolute grounds for refusal of registration — Article 7(1)(d) of Regulation No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94 — Word mark‘BSS’) | 21 |
| 2005/C 006/42 | Order of the Court (Sixth Chamber) of 12 October 2004 in Case C-352/03 P: Pietro Del Vaglio against the Commission of the European Communities (Appeal — Community officials — Pensions — Change of country of residence — Applicable corrective coefficient — Appeal partly manifestly inadmissible and partly manifestly unfounded) | 22 |
| 2005/C 006/43 | Order of the Court (Fifth Chamber) of 1 October 2004 in Case C-480/03 (reference for a preliminary ruling from the Cour d'arbitrage): Hugo Clemens, b.v.b.a. Valkaniersgilde against the Walloon region, Council of Ministers (Article 104(3) of the Rules of Procedure — Directive 79/409/EEC — Conservation of wild birds — Species born and reared in captivity) | 22 |
| 2005/C 006/44 | Case C-418/04: Action brought on 29 September 2004 by the Commission of the European Communities against Ireland | 22 |
| 2005/C 006/45 | Case C-427/04: Action brought on 5 October 2004 by the Commission of the European Communities against the Hellenic Republic | 24 |
| 2005/C 006/46 | Case C-438/04: Reference for a preliminary ruling by the Cour d'Appel de Bruxelles, 9ème Chambre, by judgment of that court of 14 October 2004 in the case of Mobistar SA against Institut belge des services postaux et des télécommunications, joined parties, Belgacom Mobile SA and Base SA | 24 |
| 2005/C 006/47 | Case C-439/04: Reference for a preliminary ruling by the Belgian Cour de Cassation (1st Chamber) by decision of that court of 7 October 2004 in the case of Axel Kittel against Belgian State | 25 |
| 2005/C 006/48 | Case C-440/04: Reference for a preliminary ruling by the Belgian Cour de Cassation (1st Chamber) by decision of that court of 7 October 2004 in the case of the Belgian State against Recolta Recycling s.p.r.l. | 25 |
| 2005/C 006/49 | Case C-443/04: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by order of that court of 15 October 2004 in the case of H. A. Solleveld against Inspecteur van de Belastingdienst — ondernemingen Amersfoort | 26 |
| 2005/C 006/50 | Case C-444/04: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by order of that court of 15 October 2004 in the case of J.E. van den Hout-van Ejnsbergen against Inspecteur van de Belastingdienst — ondernemingen Leiden | 26 |
| 2005/C 006/51 | Case C-446/04: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Chancery Division, by order of that court dated 13 October 2004, in the case of Test Claimants in the FII Group Litigation against Commissioners of Inland Revenue | 26 |
| 2005/C 006/52 | Case C-452/04: Reference for a preliminary ruling by the Verwaltungsgericht, Frankfurt am Main by order of that court of 11 October 2004 in the case of Fidium Finanz AG against Bundesanstalt für Finanzdienstleistungsaufsicht | 28 |
| 2005/C 006/53 | Case C-453/04: Reference for a preliminary ruling by the Landgericht Berlin by decision of that court of 31 August 2004 in the commercial register matter of innoventif Limited, intervener: Die Innoventif Limited | 29 |
| 2005/C 006/54 | Case C-455/04: Action brought on 28 October 2004 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland | 30 |
| 2005/C 006/55 | Case C-457/04: Action brought on 29 October 2004 by the Commission of the European Communities against the Portuguese Republic | 30 |
| 2005/C 006/56 | Case C-462/04: Action brought on 25 October 2004 by Commission of the European Communities against Italian Republic | 30 |
| 2005/C 006/57 | Case C-467/04: Reference for a preliminary ruling by the Audiencia Provincial de Málaga, Sección Primera, by order of that court of 8 July 2004 in the appeal brought by G. Francesco Gasparini and Others against the order of 21 November 2003 commencing summary proceedings | 31 |
| 2005/C 006/58 | Case C-472/04: Action brought on 4 November 2004 by Commission of the European Communities against Italian Republic | 31 |
| 2005/C 006/59 | Case C-476/04: Action brought on 12 November 2004 by the Commission of the European Communities against the Hellenic Republic | 32 |
| 2005/C 006/60 | Removal from the register of Case C-67/03 | 32 |
| 2005/C 006/61 | Removal from the register of Case C-93/04 | 32 |
| 2005/C 006/62 | Removal from the register of Case C-117/04 | 32 |
| 2005/C 006/63 | Removal from the register of Case C-118/04 | 32 |
| | COURT OF FIRST INSTANCE |
| 2005/C 006/64 | Judgment of the Court of First Instance of 28 October 2004 in Case T-35/01: Shanghai Teraoka Electronic Co. Ltd v Council of the European Union (Dumping — Imposition of definitive anti-dumping duties — Electronic weighing scales originating in China — Undertaking with market economy status — Determination of injury — Causal link — Rights of the defence) | 33 |
| 2005/C 006/65 | Judgment of the Court of First Instance of 26 October 2004 in Case T-207/02: Nicoletta Falcone v Commission of the European Communities (Officials — Open competition — Non-admission to the written tests as a result of the marks obtained in the pre-selection tests — Alleged unlawfulness of the notice of competition) | 33 |
| 2005/C 006/66 | Judgment of the Court of First Instance of 28 October 2004 in Joined Cases T-219/02 and T-337/02: Olga Lutz Herrera v Commission of the European Communities (Officials — Open Competition — Non-admission to test — Notice of competition — Age limit) | 34 |
| 2005/C 006/67 | Judgment of the Court of First Instance of 26 October 2004 in Case T-55/03: Philippe Brendel v Commission of the European Communities (Officials — Appointment — Classification in grade and step — Additional seniority — Action for damages) | 34 |
| 2005/C 006/68 | Judgment of the Court of First Instance of 28 October 2004 in Case T-76/03 Herbert Meister against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Officials — Reassignment of a head of service — Interest of the service — Equivalence of posts — Right to freedom of expression — Duty to have regard for the interests of officials — Statement of reasons — Right to be heard — Non-contractual liability) | 35 |
| 2005/C 006/69 | Order of the Court of First Instance of 29 September 2004 in Case T-394/02: Arnaldo Lucaccioni v Commission of the European Communities (Pension — Garnishee order on salary — Enforcement of a judgment of a national court) | 35 |
| 2005/C 006/70 | Order of the Court of First Instance of 14 October 2004 in Case T-3/03: Everlast World's Boxing Headquarters Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM) (Community trade mark — Partial refusal of registration — Withdrawal of the application — No need to adjudicate) | 36 |
| 2005/C 006/71 | Order of the Court of First Instance of 27 September 2004 in Case T-108/04: Nikolaus Steininger v Commission of the European Communities (Career development report — Reduction of merit points — Not necessary to proceed to judgment) | 36 |
| 2005/C 006/72 | Order of the President of the Court of First Instance of 15 October 2004 in Case T-193/04 R, Hans-Martin Tillack v Commission of the European Communities (Proceedings for interim measures — Application for interim relief and for suspension of operation of a measure) | 36 |
| 2005/C 006/73 | Case T-322/03: Action brought on 19 September 2003 by Telefon und Buch Verlagsgesellschaft m.b.H against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 37 |
| 2005/C 006/74 | Case T-382/04: Action brought on 23 September 2004 by Heuschen & Schrouff Oriëntal Foods Trading B.V. against the Commission of the European Communities | 37 |
| 2005/C 006/75 | Case T-387/04: Action brought on 27 September 2004 by EnBW Energie Baden-Württemberg AG against the Commission of the European Communities | 38 |
| 2005/C 006/76 | Case T-393/04: Action brought on 30 September 2004 by Dirk Klaas against the European Parliament | 39 |
| 2005/C 006/77 | Case T-396/04: Action brought on 4 October 2004 by SOFFASS S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) | 39 |
| 2005/C 006/78 | Case T-399/04: Action brought on 7 October 2004 by Scandlines Sverige AB against the Commission of the European Communities | 40 |
| 2005/C 006/79 | Case T-419/04: Action brought on 8 October 2004 by Nadine Schmit against the Commission of the European Communities | 40 |
| 2005/C 006/80 | Case T-421/04: Action brought on 11 October 2004 by José Antonio Carreira against the European Agency for Safety and Health at Work | 41 |
| 2005/C 006/81 | Case T-432/04: Action brought on 22 October 2004 by Walter Parlante against the Commission of the European Communities | 41 |
| 2005/C 006/82 | Case T-433/04: Action brought on 22 October 2004 by Angela Davi against the Commission of the European Communities | 42 |
| 2005/C 006/83 | Case T-434/04: Action brought on 22 October 2004 by Alex Milbert and Others against the Commission of the European Communities | 42 |
| 2005/C 006/84 | Case T-435/04: Action brought on 22 November 2004 by Manuel Simões Dos Santos against the Office for Harmonisation in the Internal Market | 43 |
| 2005/C 006/85 | Case T-436/04: Action brought on 26 October 2004 by Carlos Sánchez Ferriz against the Commission of the European Communities | 43 |
| 2005/C 006/86 | Case T-437/04: Action brought on 1 November 2004 by Holger Standertskjöld-Nordenstam against the Commission of the European Communities | 44 |
| 2005/C 006/87 | Case T-438/04: Action brought on 29 October 2004 by Elke Huober against the Council of the European Union | 44 |
| 2005/C 006/88 | Case T-441/04: Action brought on 2 November 2004 by Jean-Claude Heyraud against the Commission of the European Communities | 45 |
| 2005/C 006/89 | Case T-442/04: Action brought on 5 November 2004 by Andrea Walderdorff against the Commission of the European Communities | 45 |
| 2005/C 006/90 | Case T-463/04: Action brought on 2 December 2004 by Danish Management A/S against the Commission of the European Communities | 46 |
| 2005/C 006/91 | Case T-464/04: Action brought on 3 December 2004 by Impala against the Commission of the European Communities | 46 |

Notice No

Contents

page

I   Information

Court of Justice

COURT OF JUSTICE

2005/C 006/1

Judgment of the Court (First Chamber) of 18 November 2004 in Joined Cases C-10/02 and C-11/02 (reference for a preliminary ruling from the Tribunale amministrativo regionale per la Puglia): Anna Fascicolo and Others, Enzo De Benedictis and Others v Regione Puglia (C-10/02) and Grazia Berardi and Others, Lucia Vaira and Others v Azienda Unità Sanitaria Locale BA/4 and Others (C-11/02) (Free movement of doctors — Directives 86/457/EEC and 93/16/EEC — Recognition of diplomas, certificates and other evidence of formal qualifications — Requirement that Member States should make the exercise of the activities of general practitioner under their national social security scheme conditional on possession of a specific diploma — Acquired rights — Whether evidence of authorisation obtained before1 January 1995 is equivalent to the specific training diploma — Drawing up of the list of general practitioners in order to fill posts available in a region on the basis of the qualifications possessed)

1

2005/C 006/2

Judgment of the Court (Grand Chamber) of 9 November 2004 in Case C-46/02 (reference for a preliminary ruling from the Vantaan käräjäoikeus): Fixtures Marketing Ltd v Oy Veikkaus Ab (Directive 96/9/EC — Legal protection of databases — Sui generis right — Definition of investment in the obtaining, verification or presentation of the contents of a database — Football fixture lists — Betting)

2

2005/C 006/3

Judgment of the Court (Second Chamber) of 11 November 2004 in Joined Cases C-183/02 P and C-187/02 P: Daewoo Electronics Manufacturing España SA (Demesa) (C-183/02) and Territorio Histórico de Álava – Diputación Foral de Álava (C-187/02) v Commission of the European Communities (Appeal — State aid — Tax measures — Legitimate expectations — New pleas in law)

2

2005/C 006/4

Judgment of the Court (Sixth Chamber) of 28 October 2004 in Case C-185/02 Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Waste management — Disposal of polychlorinated biphenyls and polychlorinated terphenyls — Directive 96/59/EC)

3

2005/C 006/5

Judgment of the Court (Second Chamber) of 11 November 2004 in Joined Cases C-186/02 P and C-188/02 P: Ramondín SA, Ramondín Cápsulas SA (C-186/02 P), Territorio Histórico de Álava – Diputación Foral de Álava (C-188/02 P) v Commission of the European Communities (Appeal — State aid — Tax measures — Misuse of powers — Statement of reasons — New pleas in law)

3

2005/C 006/6

Judgment of the Court (Grand Chamber) of 9 November 2004 in Case C-203/02 (reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)): The British Horseracing Board Ltd and Others v William Hill Organization Ltd (Directive 96/9/EC — Legal protection of databases — Sui generis right — Obtaining, verification or presentation of the contents of a database — (In)substantial part of the contents of a database — Extraction and re-utilisation — Normal exploitation — Unreasonable prejudice to the legitimate interests of the maker — Horseracing database — Lists of races — Betting)

4

2005/C 006/7

Judgment of the Court (First Chamber) of 11 November 2004 in Case C-216/02 (reference for a preliminary ruling from the Verwaltungsgerichtshof): Österreichischer Zuchtverband für Ponys, Kleinpferde und Spezialrassen v Burgenländische Landesregierung (Free movement of goods — Intra-Community trade in equidæ — Procedure for the approval or recognition of organisations and associations which maintain or establish stud-books for registered equidæ — Article 2(2) of Decision 92/353/EEC)

5

2005/C 006/8

Judgment of the Court (Grand Chamber) of 16 November 2004 in Case C-245/02 (reference for a preliminary ruling from the Korkein oikeus): Anheuser-Busch Inc v Budějovický Budvar, národní podnik (Agreement establishing the World Trade Organisation — Articles 2(1), 16(1) and 70 of the TRIPs Agreement — Trade marks — Scope of the proprietor's exclusive right to the trade mark — Alleged use of the sign as a trade name)

5

2005/C 006/9

Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-249/02: Portuguese Republic v Commission of the European Communities (Agriculture — Common agricultural policy — Financing by the EAGGF — Actual expenditure of a Member State which is less than the forecast expenditure notified by it to the Commission — Power of the Commission to reduce sums paid as advances — Letter from a Director-General of the Commission informing the Member State of that reduction — Act having binding legal effects)

6

2005/C 006/10

Judgment of the Court (First Chamber) of 18 November 2004 in Case C-284/02 (reference for a preliminary ruling from the Bundesarbeitsgericht): Land Brandenburg v Ursula Sass (Social policy — Male and female workers — Article 141 EC — Equal pay — Directive 76/207/EEC — Equal treatment — Maternity leave — Passage to a higher salary grade — Failure to take account of the whole of a period of maternity leave taken under the legislation of the former German Democratic Republic)

6

2005/C 006/11

Judgment of the Court (Sixth Chamber) of 18 November 2004 in Case C-317/02: Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Community system for fisheries — Regulations (EEC) Nos 3760/92 and 2847/93 — Fishing quotas exceeded)

7

2005/C 006/12

Judgment of the Court (Grand Chamber) of 16 November 2004 in Case C-327/02 (reference for a preliminary ruling from the Rechtbank te 's-Gravenhage): Lili Georgieva Panayotova and Others v Minister voor Vreemdelingenzaken en Integratie (Association Agreements between the Communities and, respectively, Bulgaria, Poland and Slovakia — Right of establishment — National legislation under which applications for full residence permits with a view to establishment are rejected without examination where the applicant lacks a temporary residence permit)

7

2005/C 006/13

Judgment of the Court (Grand Chamber) of 9 November 2004 in Case C-338/02 (reference for a preliminary ruling from the Högsta domstolen): Fixtures Marketing Ltd v Svenska Spel AB (Directive 96/9/EC — Legal protection of databases — Sui generis right — Definition of investment in the obtaining, verification or presentation of the contents of a database — Football fixture lists — Betting)

8

2005/C 006/14

Judgment of the Court (First Chamber) of 18 November 2004 in Case C-420/02: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Unlawful deposit of waste at the‘Pera Galini’ site — Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC — Articles 4 and 9)

9

2005/C 006/15

Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-425/02 (reference for a preliminary ruling from the Cour administrative): Johanna Maria Boor, née Delahaye v Ministre de la Fonction publique et de la Réforme administrative (Safeguarding of employees' rights in the event of a transfer of an undertaking to the State — Possibility for the State to impose rules of public law — Reduction of the amount of remuneration)

9

2005/C 006/16

Judgment of the Court (Grand Chamber) of 9 November 2004 in Case C-444/02 (reference for a preliminary ruling from the Monomeles Protodikio Athinon): Fixtures Marketing Ltd v Organismos prognostikon agonon podosfairou AE (OPAP) (Directive 96/9/EC — Legal protection of databases — Definition of database — Scope of the sui generis right — Football fixture lists — Betting)

10

2005/C 006/17

Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-457/02: criminal proceedings against Antonio Niselli (Directives 75/442/EEC and 91/156/EEC — Definition of ‘waste’ — Reusable production or consumption residues — Scrap metal)

10

2005/C 006/18

Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-467/02 (reference for a preliminary ruling from the Verwaltungsgericht Stuttgart): Inan Cetinkaya v Land Baden-Württemberg (EEC-Turkey Association Agreement — Freedom of movement for workers — Articles 7, first indent, and 14(1) of Decision No 1/80 of the Association Council — Right of residence of the child of a Turkish worker after he has attained his majority — Conditions of an expulsion order — Criminal convictions)

11

2005/C 006/19

Judgment of the Court (Third Chamber) of 11 November 2004 in Case C-73/03 Kingdom of Spain v Commission of the European Communities (State aid — Tax benefits for the transfer of agricultural holdings — Subsidising of loans and guarantees for owners of agricultural holdings)

11

2005/C 006/20

Judgment of the Court (Third Chamber) of 28 October 2004 in Case C-124/03 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven): Artrada (Freezone) NV, Videmecum BV, Jac. Meisner Internationaal Expeditiebedrijf BV v Rijksdienst voor de keuring van Vee en Vlees (Health checks — Production and placing on the market of raw milk, heat-treated milk and milk-based products — Mixture made of sugar, cocoa and skimmed-milk powder, imported from Aruba)

12

2005/C 006/21

Judgment of the Court (First Chamber) of 18 November 2004 in Case C-126/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Directive 92/50/EEC — Public contracts — Waste transport services — Procedure without prior publication of a contract notice — Contract concluded by a contracting authority in relation to an economic activity subject to competition — Contract concluded by a contracting authority in order to be able to submit an offer in a tender procedure — Proof of the service provider's capabilities — Possibility of relying on the capabilities of a third party — Subcontracting — Consequences of a judgment finding a failure to fulfil an obligation)

12

2005/C 006/22

Judgment of the Court (Third Chamber) of 28 October 2004 in Case C-148/03 (reference for a preliminary ruling from the Oberlandesgericht München): Nürnberger Allgemeine Versicherungs AG v Portbridge Transport International BV (Brussels Convention — Articles 20 and 57(2) — Failure by the defendant to enter an appearance — Defendant domiciled in another Contracting State — Geneva Convention on the Contract for the International Carriage of Goods by Road — Conflict between conventions)

13

2005/C 006/23

Judgment of the Court (First Chamber) of 11 November 2004 in Case C-171/03 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven): Maatschap Toeters, M.C. Verberk v Productschap Vee en Vlees (Beef and veal — Early marketing premium for calves — Time-limit for lodging premium applications — Rules for calculating time-limit — Validity of Regulation (EEC) No 3886/92)

13

2005/C 006/24

Judgment of the Court (First Chamber) of 18 November 2004 in Case C-284/03 (reference for a preliminary ruling from the Cour d'appel de Bruxelles): Etat belge v Temco Europe SA (Sixth VAT Directive — Article 13B(b) — Exempt transactions — Letting of immovable property — Licence to occupy)

14

2005/C 006/25

Judgment of the Court (Second Chamber) of 28 October 2004 in Case C-357/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Directive 98/24/EC — Protection of the health and safety of workers — Risks related to chemical agents at work — Failure to transpose throughout the territory of the Member State concerned within the prescribed period)

14

2005/C 006/26

Judgment of the Court (Second Chamber) of 28 October 2004 in Case C-360/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Directive 2000/39/EC — Protection of the health and safety of workers — Risks related to chemical agents at work — Establishment of occupational exposure limit values — Failure to transpose throughout the territory of the Member State concerned within the prescribed period)

15

2005/C 006/27

Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-421/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Directive 2001/18/EC — Deliberate release of genetically modified organisms into the environment — Failure to transpose within the prescribed period)

15

2005/C 006/28

Judgment of the Court (Fourth Chamber) of 18 November 2004 in Case C-422/03 Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil its obligations — Directive 2001/18/EC — Failure to transpose within the prescribed period)

16

2005/C 006/29

Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-460/03: Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 2000/53/EC — End-of-life vehicles — Failure to implement)

16

2005/C 006/30

Judgment of the Court (Sixth Chamber) of 18 November 2004 in Case C-482/03: Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 2001/14/EC — The Community's railways — Allocation of infrastructure capacity, the levying of charges for the use of infrastructure and safety certification — Failure to transpose within the prescribed period)

16

2005/C 006/31

Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-497/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Article 28 EC — Measures having equivalent effect — Sale of food supplements by mail order — Prohibition)

17

2005/C 006/32

Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-505/03 Commission of the European Communities v French Republic (Failure to fulfil obligations — Quality of water intended for human consumption — Directive 80/778/EEC)

17

2005/C 006/33

Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-4/04 Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Directive 98/44/EC — Legal protection of biotechnological inventions — Failure to transpose within the prescribed period)

18

2005/C 006/34

Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-5/04 Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Directive 98/44/EC — Legal protection of biotechnological inventions — Failure to transpose within the prescribed period)

18

2005/C 006/35

Judgment of the Court (Fifth Chamber) of 18 November 2004 in Case C-78/04 Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil its obligations — Directive 96/61/EC — Integrated pollution prevention and control)

18

2005/C 006/36

Judgment of the Court (Fifth Chamber) of 18 November 2004 in Case C-79/04 Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Directive 2002/40/EC — Failure to transpose within the prescribed period)

19

2005/C 006/37

Judgment of the Court (Fourth Chamber) of 18 November 2004 in Case C-116/04 Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil its obligations — Directive 2001/17/EC — Reorganisation and winding up of insurance undertakings — Failure to transpose within the prescribed period)

19

2005/C 006/38

Judgment of the Court (Sixth Chamber) of 18 November 2004 in Case C-143/04 Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil its obligations — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights in the information society — Failure to transpose within the prescribed period)

20

2005/C 006/39

Judgment of the Court (Fourth Chamber) of 18 November 2004 in Case C-164/04: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Directive 2001/17/EC — Reorganisation and winding-up of insurance undertakings — Failure to transpose within the prescribed period)

20

2005/C 006/40

Order of the Court (Fourth Chamber) of 22 June 2004 in Case C-151/03 P: Karl L. Meyer against the Commission of the European Communities (Appeal — Action for damages — Compensation for losses suffered due to maladministration by the Commission — Application of the decisions relating to the association of the OCTs)

21

2005/C 006/41

Order of the Court (Sixth Chamber) of 5 October 2004 in Case C-192/03 P: Alcon Inc. against the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), Dr Robert Winzer Pharma GmbH (Appeal — Community mark — Regulation (EC) No 40/94 — Nullity of the Community mark — Article 51 of Regulation No 40/94 — Absolute grounds for refusal of registration — Article 7(1)(d) of Regulation No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94 — Word mark‘BSS’)

21

2005/C 006/42

Order of the Court (Sixth Chamber) of 12 October 2004 in Case C-352/03 P: Pietro Del Vaglio against the Commission of the European Communities (Appeal — Community officials — Pensions — Change of country of residence — Applicable corrective coefficient — Appeal partly manifestly inadmissible and partly manifestly unfounded)

22

2005/C 006/43

Order of the Court (Fifth Chamber) of 1 October 2004 in Case C-480/03 (reference for a preliminary ruling from the Cour d'arbitrage): Hugo Clemens, b.v.b.a. Valkaniersgilde against the Walloon region, Council of Ministers (Article 104(3) of the Rules of Procedure — Directive 79/409/EEC — Conservation of wild birds — Species born and reared in captivity)

22

2005/C 006/44

Case C-418/04: Action brought on 29 September 2004 by the Commission of the European Communities against Ireland

22

2005/C 006/45

Case C-427/04: Action brought on 5 October 2004 by the Commission of the European Communities against the Hellenic Republic

24

2005/C 006/46

Case C-438/04: Reference for a preliminary ruling by the Cour d'Appel de Bruxelles, 9ème Chambre, by judgment of that court of 14 October 2004 in the case of Mobistar SA against Institut belge des services postaux et des télécommunications, joined parties, Belgacom Mobile SA and Base SA

ème

24

2005/C 006/47

Case C-439/04: Reference for a preliminary ruling by the Belgian Cour de Cassation (1st Chamber) by decision of that court of 7 October 2004 in the case of Axel Kittel against Belgian State

st

25

2005/C 006/48

Case C-440/04: Reference for a preliminary ruling by the Belgian Cour de Cassation (1st Chamber) by decision of that court of 7 October 2004 in the case of the Belgian State against Recolta Recycling s.p.r.l.

st

25

2005/C 006/49

Case C-443/04: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by order of that court of 15 October 2004 in the case of H. A. Solleveld against Inspecteur van de Belastingdienst — ondernemingen Amersfoort

26

2005/C 006/50

Case C-444/04: Reference for a preliminary ruling by the Hoge Raad der Nederlanden by order of that court of 15 October 2004 in the case of J.E. van den Hout-van Ejnsbergen against Inspecteur van de Belastingdienst — ondernemingen Leiden

26

2005/C 006/51

Case C-446/04: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Chancery Division, by order of that court dated 13 October 2004, in the case of Test Claimants in the FII Group Litigation against Commissioners of Inland Revenue

26

2005/C 006/52

Case C-452/04: Reference for a preliminary ruling by the Verwaltungsgericht, Frankfurt am Main by order of that court of 11 October 2004 in the case of Fidium Finanz AG against Bundesanstalt für Finanzdienstleistungsaufsicht

28

2005/C 006/53

Case C-453/04: Reference for a preliminary ruling by the Landgericht Berlin by decision of that court of 31 August 2004 in the commercial register matter of innoventif Limited, intervener: Die Innoventif Limited

29

2005/C 006/54

Case C-455/04: Action brought on 28 October 2004 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland

30

2005/C 006/55

Case C-457/04: Action brought on 29 October 2004 by the Commission of the European Communities against the Portuguese Republic

30

2005/C 006/56

Case C-462/04: Action brought on 25 October 2004 by Commission of the European Communities against Italian Republic

30

2005/C 006/57

Case C-467/04: Reference for a preliminary ruling by the Audiencia Provincial de Málaga, Sección Primera, by order of that court of 8 July 2004 in the appeal brought by G. Francesco Gasparini and Others against the order of 21 November 2003 commencing summary proceedings

31

2005/C 006/58

Case C-472/04: Action brought on 4 November 2004 by Commission of the European Communities against Italian Republic

31

2005/C 006/59

Case C-476/04: Action brought on 12 November 2004 by the Commission of the European Communities against the Hellenic Republic

32

2005/C 006/60

Removal from the register of Case C-67/03

32

2005/C 006/61

Removal from the register of Case C-93/04

32

2005/C 006/62

Removal from the register of Case C-117/04

32

2005/C 006/63

Removal from the register of Case C-118/04

32

COURT OF FIRST INSTANCE

2005/C 006/64

Judgment of the Court of First Instance of 28 October 2004 in Case T-35/01: Shanghai Teraoka Electronic Co. Ltd v Council of the European Union (Dumping — Imposition of definitive anti-dumping duties — Electronic weighing scales originating in China — Undertaking with market economy status — Determination of injury — Causal link — Rights of the defence)

33

2005/C 006/65

Judgment of the Court of First Instance of 26 October 2004 in Case T-207/02: Nicoletta Falcone v Commission of the European Communities (Officials — Open competition — Non-admission to the written tests as a result of the marks obtained in the pre-selection tests — Alleged unlawfulness of the notice of competition)

33

2005/C 006/66

Judgment of the Court of First Instance of 28 October 2004 in Joined Cases T-219/02 and T-337/02: Olga Lutz Herrera v Commission of the European Communities (Officials — Open Competition — Non-admission to test — Notice of competition — Age limit)

34

2005/C 006/67

Judgment of the Court of First Instance of 26 October 2004 in Case T-55/03: Philippe Brendel v Commission of the European Communities (Officials — Appointment — Classification in grade and step — Additional seniority — Action for damages)

34

2005/C 006/68

Judgment of the Court of First Instance of 28 October 2004 in Case T-76/03 Herbert Meister against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Officials — Reassignment of a head of service — Interest of the service — Equivalence of posts — Right to freedom of expression — Duty to have regard for the interests of officials — Statement of reasons — Right to be heard — Non-contractual liability)

35

2005/C 006/69

Order of the Court of First Instance of 29 September 2004 in Case T-394/02: Arnaldo Lucaccioni v Commission of the European Communities (Pension — Garnishee order on salary — Enforcement of a judgment of a national court)

35

2005/C 006/70

Order of the Court of First Instance of 14 October 2004 in Case T-3/03: Everlast World's Boxing Headquarters Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM) (Community trade mark — Partial refusal of registration — Withdrawal of the application — No need to adjudicate)

36

2005/C 006/71

Order of the Court of First Instance of 27 September 2004 in Case T-108/04: Nikolaus Steininger v Commission of the European Communities (Career development report — Reduction of merit points — Not necessary to proceed to judgment)

36

2005/C 006/72

Order of the President of the Court of First Instance of 15 October 2004 in Case T-193/04 R, Hans-Martin Tillack v Commission of the European Communities (Proceedings for interim measures — Application for interim relief and for suspension of operation of a measure)

36

2005/C 006/73

Case T-322/03: Action brought on 19 September 2003 by Telefon und Buch Verlagsgesellschaft m.b.H against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

37

2005/C 006/74

Case T-382/04: Action brought on 23 September 2004 by Heuschen & Schrouff Oriëntal Foods Trading B.V. against the Commission of the European Communities

37

2005/C 006/75

Case T-387/04: Action brought on 27 September 2004 by EnBW Energie Baden-Württemberg AG against the Commission of the European Communities

38

2005/C 006/76

Case T-393/04: Action brought on 30 September 2004 by Dirk Klaas against the European Parliament

39

2005/C 006/77

Case T-396/04: Action brought on 4 October 2004 by SOFFASS S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

39

2005/C 006/78

Case T-399/04: Action brought on 7 October 2004 by Scandlines Sverige AB against the Commission of the European Communities

40

2005/C 006/79

Case T-419/04: Action brought on 8 October 2004 by Nadine Schmit against the Commission of the European Communities

40

2005/C 006/80

Case T-421/04: Action brought on 11 October 2004 by José Antonio Carreira against the European Agency for Safety and Health at Work

41

2005/C 006/81

Case T-432/04: Action brought on 22 October 2004 by Walter Parlante against the Commission of the European Communities

41

2005/C 006/82

Case T-433/04: Action brought on 22 October 2004 by Angela Davi against the Commission of the European Communities

42

2005/C 006/83

Case T-434/04: Action brought on 22 October 2004 by Alex Milbert and Others against the Commission of the European Communities

42

2005/C 006/84

Case T-435/04: Action brought on 22 November 2004 by Manuel Simões Dos Santos against the Office for Harmonisation in the Internal Market

43

2005/C 006/85

Case T-436/04: Action brought on 26 October 2004 by Carlos Sánchez Ferriz against the Commission of the European Communities

43

2005/C 006/86

Case T-437/04: Action brought on 1 November 2004 by Holger Standertskjöld-Nordenstam against the Commission of the European Communities

44

2005/C 006/87

Case T-438/04: Action brought on 29 October 2004 by Elke Huober against the Council of the European Union

44

2005/C 006/88

Case T-441/04: Action brought on 2 November 2004 by Jean-Claude Heyraud against the Commission of the European Communities

45

2005/C 006/89

Case T-442/04: Action brought on 5 November 2004 by Andrea Walderdorff against the Commission of the European Communities

45

2005/C 006/90

Case T-463/04: Action brought on 2 December 2004 by Danish Management A/S against the Commission of the European Communities

46

2005/C 006/91

Case T-464/04: Action brought on 3 December 2004 by Impala against the Commission of the European Communities

46

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| 2005/C 006/92 | Last publication of the Court of Justice in the Official Journal of the European Union OJ C 314, 18.12.2004 | 48 |

III   Notices

2005/C 006/92

Last publication of the Court of Justice in the Official Journal of the European Union OJ C 314, 18.12.2004

Official Journal of the European Union

48

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